You became a lawyer and sent the judge in?

Chapter 207 Is there definitely a turning point?Wait for the investigation!

In court.

Facing Chen Le's words, the presiding judge Li Yongchun frowned slightly.

There was no discussion on the issue raised by Chen Le, because this issue did not need to be discussed at all.

In the courtroom, this question has no meaning.

clean?

That is the reason that the case filer needs to consider.

The court only talks about evidence and legal basis, not what if...

dong dong!

The gavel fell, and Li Yongchun spoke: "Is the recording pen illegal evidence?"

"Dong Zhu, the prosecution party, when you asked Zhang Tongwei questions, did you inform Zhang Tongwei or did you get permission to record?"

Dong Zhu: "This... doesn't happen."

The gavel sounded.

"According to the privacy clause in the evidence, it is illegal evidence that violates the privacy of the parties concerned."

"The evidence submitted by Dong Zhu did not have Zhang Tongwei's consent, and the relevant content involves Zhang Tongwei's privacy."

"That is, the court will not accept it."

"Does the prosecutor have any objections?"

Regarding this matter, Zhou Ran, as the prosecutor, did not have any major objections.

Privacy and personal privacy include:
Matters concerning other people’s marital lives, even if they are extramarital relationships, are still personal privacy if they are disclosed to the public.

Although Zhang Tongwei and Xiao Lili are not husband and wife, Dong Zhu's inquiry involves Zhang Tongwei's private life.

Whether the recording of a secret investigation conducted by an individual without the consent of the parties concerned can be used as evidence in a court trial.

It depends on whether the court considers it to be illegal evidence.

Or it may be a matter of whether or not to admit evidence related to the court case.

The court did not accept this evidence.

Zhou Ran had no objection.

"The prosecution has no objection."

dong dong!

The gavel fell, and the dull sound echoed throughout the courtroom.

Xiao Lili tugged on Chen Le's clothes: "Lawyer Chen, does this judgment mean that the evidence my mother submitted is useless?"

Chen Le nodded: "Yes, the presiding judge has decided that if this evidence is not accepted, this evidence will indeed be of little use."

"What should I do...?"

what to do.….
Chen Le patted Xiao Lili's palm and told her not to worry too much: "This evidence was recorded without Zhang Tongwei's knowledge, and it involves life privacy."

"There's nothing we can do about it."

"But the crime of infringement is a crime of oral confession, which means that as long as you insist that you are unwilling to do so and it was Zhang Tongwei who forced you to do it, then there is no problem."

"Oh...okay."
.
 …
Judgment evidence is completed.

Li Yongchun further inquired based on the defense issues of the prosecutor, prosecution and defendant:

"Xiao Lili, according to what the defendant stated, you didn't offer any resistance at that time, right?"

Xiao Lili said: "No, presiding judge."

"I said no at the time."

"I said I didn't want it, which meant that I was unwilling. I didn't expect that Zhang Tongwei would come to force her."

Li Yongchun frowned slightly and continued:
"You are talking about coercion. Can you tell me specifically where the coercion was carried out? Has Zhang Tongwei ever beaten, threatened, etc. against you?"

"No...but I was unwilling at that time. I said I didn't want it, but he still continued. I didn't want him to come at that time, but he insisted."

"."

must?

"During this process, that is to say, your subjective will is that you are unwilling, but you have not resisted, right?"

"correct."

"So have you provided any evidence concerning your statement?"

"For example, you said at that time that Zhang Tongwei had scolded you, or insulted you, or given you a slight blow."

"You have scars on your body, or you were very traumatized by the situation."

"Do you have this evidence?"

Xiao Lili: "No..."

No.…

Li Yongchun took a look at the litigation materials and did not continue to ask further.

Instead, he turned his attention to the prosecution seat.

"The interrogation of the client Xiao Lili has ended. Does the prosecution have anything else to add?"
.
....
When Chen Le heard Li Yongchun's inquiry, he raised his hand and spoke.

"There are presiding judges..."

"We would like to make a supplement, that is, we must take into account the environmental issues surrounding Zhang Tongwei's illegal crimes at that time."

"Under the circumstances at that time, as a woman, Xiao Lili could refuse Zhang Tongwei in Zhang Tongwei's home?"

"If we reject Zhang Tongwei, should we take Zhang Tongwei's violent behavior into consideration?"

"So Xiao Lili's subjective wish is indeed that she doesn't want to, and she also verbally refused, but under the pressure brought by Zhang Tongwei to her."

"I dare not refuse Zhang Tongwei."

"This has led to the current situation."

"I would like to ask the members of the collegial panel and the presiding judge to consider the scene and circumstances from a woman's perspective."

"Is there a possibility that women are physically weaker than men, so Xiao Lili dare not refuse too much?"

"Presiding judge, I still believe that no one is willing to use their innocence to make false accusations. According to Xiao Lili's confession, she was forced."

"We believe that we need to consider it from many aspects."

"This is what we added."

tsk tsk...

Many aspects?
From what aspects should we consider these factors?

Didn’t you make it very clear just now?
Zhang Tongwei had already stated the process in detail, but Xiao Lili did not refute it.

What is there a possibility?
Are you just imagining things here...?
Let the presiding judge consider it from a female perspective.

Legally, men and women are equal presiding judges. Regardless of whether you consider it from the perspective of the man or the woman, it also needs to be considered based on the facts.

Chen Le's statement, to put it mildly, is that as an aid lawyer, he doesn't know much about trial experience.

Say it hard.

This completely questions the judgment of the presiding judge and denies the basic principle of equality under the law.

The presiding judge Li Yongchun did not answer Chen Le's question, but asked the question to Su Bai.

"Does the defense have anything to say about the prosecution's statement?"

No, the opportunity has come.

Su Bai nodded: "President, we believe that what the prosecution stated has no basis at all."

"I would like to ask the prosecutor's lawyer a question. Why do you think it is not necessary for Xiao Lili to accuse Zhang Tongwei of her innocence?"

Chen Le was silent for a few seconds.

Su Bai smiled and continued: "What the prosecutor's lawyer thinks is because of his own starting point, right?"

"Is it because of a common sense problem in society?"

"But can the prosecution lawyer take into account one prerequisite factor, which is Xiao Lili? Why should she accuse Zhang Tongwei?"

"If Xiao Lili was forced, why didn't she file a case immediately when she had a relationship with Zhang Tongwei before, but now instead of filing a case this time?"

"From this point of view, facts do not constitute absoluteness, and common sense judgments are not consistent with the basis of facts."

"Then why did Xiao Lili accuse Zhang Tongwei?"

"It starts with the quarrel between Zhang Tongwei and Xiao Lili."

"The reason why Zhang Tongwei and Xiao Lili quarreled was because Zhang Tongwei did not agree to add Xiao Lili's name and a high betrothal gift to the three demolished houses when they got married."

"It led to a quarrel..."

"During this process, Xiao Lili took the initiative to seek reconciliation and asked to go to Zhang Tongwei's home. She proactively hinted to Zhang Tongwei to prepare well at night."

"Xiao Lili took the initiative in all this."

"Zhang Tongwei is the passive party."

"Xiao Lili said no. Based on this point, it does not constitute the crime of rape at all."

"Then after the relationship, Dong Zhu prepared a recording pen the next day to inquire about Zhang Tongwei's privacy, and used the recording pen and Xiao Lili's confession to report Zhang Tongwei and file a case."

“During the case filing process, we communicated with Zhang Tongwei’s family and requested compensation for half of the property, otherwise we would not issue a letter of understanding.”

"During this entire process, Xiao Lili's behavior was completely based on the real estate, and it was based on Zhang Tongwei's real estate."

"That is to say, Xiao Lili has a strong purpose."

"The prosecution stated "Why Xiao Lili used her innocence to accuse Zhang Tongwei. ""

"The answer is very simple."

"Obviously, Xiao Lili wanted to exchange for the real estate of Zhang Tongwei's family, so she filed a case against Zhang Tongwei and required Zhang Tongwei's family to pay compensation based on the letter of understanding."

"And we believe that the prosecution's statement was not based on factual conditions and legal basis at all. It was entirely an emotional statement, and the case was judged based on personal subjective and social experience."

"We believe that the prosecution's statement should be dismissed."

dong dong!

"Does the prosecution have anything else to say?"

Facing a series of questions stated by Su Bai, Chen Le wanted to refute.But in this process, I don’t know how to refute.

Xiao Lili whispered from the side: "Lawyer Chen, that's not the case."

"I didn't ask for compensation from their family, I just wanted the other party to compensate me."

Chen Le nodded: "I know..."

But from a legal perspective, the problem Su Bai sued is.

It does have a legal basis.

Regarding the conditions for determining the crime of oral confession, it mainly depends on the basis of the presiding judge's determination.

If the presiding judge favors the prosecution, then a single confession and inadmissible evidence will be enough.

It is very difficult to win this lawsuit.

After thinking for about a minute, Chen Le sighed helplessly: "Presiding Judge, we have nothing more to say."

dong dong!

"Since there is nothing further to state, let us now enter the adjournment."

The hammer fell.

Going to recess.

In the defendant's seat, Su Bai smiled slightly.

If nothing else goes wrong, this trial is basically stable, and Zhang Tongwei will definitely be found not guilty and acquitted.

The reason is also very simple...

According to the specific direction of the crime of rape, there are basically no problems with this case.

The method of defense is also very simple. Just verify Xiao Lili's subjective wishes from the side.

All I can say is...when filing the case, supporting evidence was taken into consideration.

And the confession of Xiao Lili, the client.

However, the judgment on the supporting evidence and Xiao Lili’s confession is made by the court.

it means.

If the court has not judged the evidence, then this evidence will only play a role in the filing of the case and review by the prosecutor, and will not have any effect on the judgment of the case.

Judgment and judgment are the work of the courts.

In the prosecution's seat, Chen Le kept comforting Xiao Lili not to worry, as the court's collegial panel was currently deliberating.

At worst, if Zhang Tongwei cannot be found guilty on appeal in the first instance, then there will be a second instance.

Xiao Lili nodded seriously: "Thank you, Lawyer Chen."

Chen Le smiled and nodded.
.
....
The collegial panel discusses the room.

Regarding whether to sentence Yu or not to sentence Zhang Tongwei, three members of the collegial panel sat on the sofa to discuss.

"How should I say...Should this case be ruled that Zhang Tongwei forced a woman to have sex against her will?"

"Duan Lanlan, as a woman, what do you think of the prosecution's statement?"

Duan Lanlan was silent for a few seconds and then said with a smile: "President, to be honest, although I am a woman, I am not very optimistic about this case."

"How to say?"

"First of all, the main evidentiary conditions for judging this case are the recording equipment submitted by Dong Zhu, plus Xie Lili's statement as a party involved."

"These two are the most important. Among them, Dong Zhu's recording is mainly to further confirm whether Xiao Lili was unwilling at the time."

"But based on the statements made by Zhang Tongwei's agent and the objective facts, the main issue in this case is whether Xiao Lili is really unwilling..."

"Based on the specific circumstances of this case, I think Xiao Lili definitely had the idea of ​​blackmailing Zhang Tongwei."

"This is my personal opinion."

"Well, Zhang Qi, what do you think?"

Zhang Qi smiled: "My thoughts are the same as Duan Lanlan's. I always feel that this is a bit of extortion, but it is not extortion in the legal sense."

"After all, the two were engaged. My feeling is more that they had a conflict, and then the woman got angry and took the man to court."

"But...Xiao Lili's mother prepared a recording pen in advance...this is really not right."

"Ok!"

"Then you all tend to believe that Zhang Tongwei is innocent in this case, right?"

"Correct."

"Yes."

"Well! Then there is no problem with the verdict of this case."

"Wait for the court session."

Li Yongchun nodded and spoke.
.
 …
Soon, the recess is over.

Entered the trial stage.

The three members of the collegial panel roughly sorted out the case, determined the direction of the verdict, and allowed the three parties to begin making court statements.

At the prosecutor's seat, Zhou Ran made corresponding court statements for this trial.

The content of the statement is clear and concise.

It is basically an analysis of this case and a general understanding of the situation of this case.

And once again stated the conditions for Zhang Tongwei’s crime of rape.

What is relatively critical is the statement of the accuser, Xiao Lili.

The prosecution was presented by court defender Chen Le.

Chen Le's statement mainly revolved around Xiao Lili's subjective wishes.

And repeatedly emphasized that women's rights should be protected.

In response, Su Bai smiled and made only one request when making his statement.

"President, we only have one request for our statement, which is to ask the collegial panel to make a judgment based on legal fairness."
.
....
This trial was relatively simple in terms of presentation.

dong dong!

The gavel was struck, and after listening to the statements from all parties, Li Yongchun also began to read out the verdict.

"The case of Zhang Tongwei forcibly violating the wishes of women and carrying out improper relationships was filed against the public prosecutor."

"The court ruled on this:"

"One: The court believes that in this case, all Xiao Lili's actions before the relationship were voluntary and she took the initiative."

"And occurred without apparent defiance."

"It can be determined from this that Xiao Lili is not in a forced state subjectively."

"Two: The court will not accept the evidence provided by Dong Zhu. There is insufficient relevant evidence for Xiao Lili's accusation against Zhang Tongwei."

"Three: Zhang Tongwei did not engage in forced behavior, so the prosecutor's request and the accuser's request for civil compensation are rejected."

"This trial is conducted by the Nandu DC District Court. This court has jurisdiction, and the applicable laws are all in accordance with domestic laws."

"This case is a first-instance verdict."

"If the parties to the lawsuit believe that the judgment is inconsistent with the facts, they can continue to appeal or submit it to the relevant department for supervisory review."

dong dong!

"Close the court!"

The solemn voice was accompanied by the fall of the gavel, and both echoed in the courtroom at the same time.

After hearing the verdict, Su Bai was neither surprised nor surprised.

This trial was relatively simple and did not require much judgment.

More importantly, the prosecutor and the court reached a consensus on conditions.

There are certain problems in this trial itself. Coupled with the lack of evidence, the bias of the court and the prosecutor is also obvious.

Subjectively speaking, it is inclined to Zhang Tongwei.

He raised it himself, and what Dong Zhu handed over was illegal evidence.

Illegal evidence is used to make a judgment. This is the only point, and the rest does not need to be explained too much.

aside...

Li Xuezhen smiled and said: "Lawyer Su...is this trial over?"

Su Bai smiled and nodded: "Yes! It's over!"

"What's next?"

Next.…

Su Bai turned his attention to the prosecutor's seat.

Chen Le, the prosecutor's assistant lawyer, continued to comfort Xiao Lili.

"In this trial...the court did not accept evidence which is key, but it did not accept your confession to make a judgment. I think there is a certain problem."

"It doesn't matter. The worst we can do is appeal for a second instance..."

"There will definitely be a change in the second trial..."

Xiao Lili sighed in her heart, but her expression looked very happy.

"really?"

"Is there really a change in the second trial?"

"Yeah, there is!"

Chen Le nodded seriously.

Su Bai:? ? ?
Is there any improvement in the second trial of this case?
cough cough...

Don't say that yet...

Let's wait for an investigation into false lawsuits and fraud.

PS: Looking for a monthly ticket?

(End of this chapter)